Opinion

State v. McCoy

  • 303 N.C. 1
  • 277 S.E.2d 515
  • 1981 N.C. LEXIS 1094
Court
Supreme Court of North Carolina
Filed
May 5, 1981
Status
Published
Author
Carlton
On the bench
Exum, Carlton, Branch, Huskins, Meyer
Cited by
60 cases

“We doubt that for a murder case such as this one this delay [eleven months] ... is enough to be ‘presumptively prejudicial,’ so as to require us to inquire ‘into the other factors that go into the balance.’ ”

How later courts described this case

  • “We doubt that for a murder case such as this one this delay [eleven months] ... is enough to be ‘presumptively prejudicial,’ so as to require us to inquire ‘into the other factors that go into the balance.’ ”
  • In ruling upon a motion to dismiss, "[d]efendant's evidence may be considered insofar as it merely explains or clarifies or is not inconsistent with the [S]tate's evidence."
  • 11 months not presumptively prejudicial
  • “Defendant’s evidence may be considered insofar as it merely explains or clarifies or is not inconsistent with the [S]tate’s evidence.”

Written by the judges who cited it.

The opinion

*30 Justice CARLTON

concurring.

I concur in the result reached by the majority. However, I wish to note that I consider the majority’s extensive discussion of the question whether the Sixth Amendment’s right to speedy trial attaches at the time the arrest warrant is issued to be pure dictum.

Chief Justice BRANCH, Justices HUSKINS and MEYER join in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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